Chapter 110: General Licensing and Registration

§ 110.02 Definitions.

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

Business license or business license permit.

The authority granted by the county to a person, authorizing the person to:

(1)

Engage in business in a temporary business activity; or

(2)

Engage in business in a listed licensed activity.

Business registration.

(1)

The authority granted by the county to a person to engage in business, after the person completes a county business registration form and pays the required business registration fees.

(2)

Business registration is required for any person who engages in any permanent business activity in the county.

County.

The area within the boundaries of the county, including privately owned land and land owned by the United States, except the area within the limits of any incorporated municipality or Indian reservation.

Engaging in business.

(1)

The activity of persons operating, conducting, doing, carrying on, causing to be carried on or pursuing any business, profession, occupation, trade, pursuit or activity for the purpose of profit or support, when the work or activity occupies a person’s time or attention on a regular basis, including the keeping of books and accounts, maintaining an office mailing address or telephone line inside the county.

(2)

Engaging in business does not include a minimum connection between the county, including its residents and the person or the business transaction and does not include incidental contacts within the county, such as conducting a meeting or placing a phone call, when the contacts are not part of a common or routine business or profit-making activity or do not result in more than a nominal profit to a person.

Good cause.

Any activity or inaction by a person engaging in business in the county and includes, but is not limited to:

(1)

Failure to pay all required registration and license fees, plus late fees;

(2)

Failure to file required county forms;

(3)

Failure to perform the terms, conditions or requirements as set forth on the license; or

(4)

Other actions of the applicant that violate state or county laws.

Licensed activity.

The engaging in business in the county which requires a county business license and includes the following activities:

(1)

Junk yard dealers and salvage yard dealers;

(2)

Traveling or itinerant theater productions;

(3)

Persons who regularly deal in secondhand goods of any kind, excluding automobiles, but including pawnbrokers;

(4)

Fireworks vendors;

(5)

Circuses and carnivals;

(6)

Amusement rides;

(7)

Kennels;

(8)

Commercial motion picture, photographing or filming activities;

(9)

Any other business to which the public at large is invited which is not specifically enumerated above, including, but not limited to flea markets, festivals, athletic events, motor vehicle races, musical events, concerts, contests, rodeos and animal shows, but not including single-family garage sales; and

(10)

Non-owner occupied short-term rentals, as defined in section 110.09(H).

(11)

Commercial solid waste haulers, as defined in Ordinance 2014-10 [sec. 50.01 et seq.].

Permanent business.

The engaging in business in the county for 60 days or more in any 12-month period.

Person.

Any individual, estate, trust, receiver, cooperative association, club, corporation, company, firm, partnership, joint venture, syndicate or other entity engaging in a business, profession, occupation, trade, pursuit or activity.

Place of business.

(1)

Any tract, lot, premises or other location, whether it be a personal residence, main business location, office or an outlet, branch or other location thereof, temporary or otherwise:

(a)

To which the public is expressly or impliedly invited for the purpose of engaging in business; or

(b)

At which a person engages in business.

(2)

In the event there is no such location, but the business is transacted at the location of the buyer, then the general sales area shall be considered a place of business.

(3)

Unless a construction contractor has at least one permanent location within the county, place of business includes a construction site, located therein.

Temporary business.

The engaging in business in the county, which business is conducted for less than 60 days in any 12-month period.

(Ordinance 1992-03 adopted 4/14/92; Ordinance 2016-04, sec. 10(A), adopted 5/31/16; Ordinance 2022-07 adopted 10/25/2022)

§ 110.03 Application to engage in business.

Any person proposing to engage in business within the county shall apply for a business registration permit and/or a business license, on a form provided by the county treasurer, and shall pay the appropriate fee, all as set forth below:

(1)

Business registration and fee.

(a)

Any person engaging in a permanent business must complete a county business registration form prior to March 15 of each year. For a person commencing business after March 15 of any year the business registration form and fee are due 30 days after the day the person commences engaging in business in the county.

(b)

The business registration fee is $35.00 per calendar year, is chargeable for each place of business, may not be pro rated for business conducted for a portion of a year and is due and payable on March 15 of each year to the county treasurer.

(2)

Business license and fee.

Any person engaging in a temporary business or in a licensed activity must complete a county business license form before a license will be issued and must comply with any license requirements set forth in this chapter.

(a)

Person subject to license.

Whenever, in this chapter, a license is required for engaging in business, any person shall be subject to the requirement if by himself, herself or through an agent, employee or partner, he or she holds himself or herself forth as being engaged in business or occupation; or solicits patronage therefor, actively or passively; or performs or attempts to perform any part of such business or occupation in the county.

(b)

Investigation.

Before issuing a business license permit, the county may make inspections and investigations of the person applying for the license and the properties on which the licensed activities will take place and will make its findings available to the applicant within ten business days of the applicant’s license application submittal to the county. The purpose for the inspection may include, but is not limited to the prevention of nuisance conditions and protection of health, safety and welfare of county residents and patrons to the proposed licensed business. The county treasurer may refuse to issue a license to an applicant when the investigation reports conditions which are unfavorable to the issuance. The decision of the county treasurer may be appealed by an interested party to the board of county commissioners. The county treasurer may impose a reasonable fee on the applicant to cover the cost of the investigation.

(c)

Issuance.

The county treasurer may issue a license to an applicant with certain terms, conditions and/or requirements and may require that any or all of the requirements be satisfied before the license is issued. Any license holder who requests a second copy of their license may obtain the duplicate license following payment of the duplicate license fee set forth in subsection (d)14. below.

(d)

Fees.

The following fees shall be imposed on persons applying for a business license:

Auctions: $100.00 per day.

Carnivals: $150.00 per day.

Circuses: $150.00 per day.

Itinerant vendors, who bring into the county stocks or samples of any goods, wares or other merchandise and offers the same for sale: $50.00 per year or any portion of a year.

Itinerant vendors, who offer services to the public: $50.00 per year or any portion of a year.

Salvage yard dealers: $50.00 per year.

Itinerant musical or theatrical exhibitions: $25.00 per day.

Mobile home parks, as defined in county land development code: $2.00 per space, with a minimum charge of $50.00 per park per year.

Itinerant salespersons, magazine and newspaper solicitors or individuals soliciting business of any kind: $50.00 per year, excluding newspaper carriers.

10.

Dealers in secondhand goods of any kind, including flea-markets and pawnbrokers: $50.00 per year.

11.

Firework stands, which sell contrivances of flammable and explosive material combined in various proportions for purposes of producing combustion, light or noise: $300.00 per day; also, applicants must comply with the provisions of chapter 96 of this code, as amended and/or replaced from time to time.

12.

Kennel fees and additional requirements are set forth in the provisions of chapter 95 of this code, as amended.

13.

Any other temporary business: Up to $10.00 per month.

14.

Duplicate license: six ($6.00) dollars.

15.

Commercial solid waste haulers: Fifty dollars ($50.00) per year.

16.

Non-owner occupied STRs, $375.00 for the initial business license and $300.00 for each renewal, both of which are payable at the time of application and are not refundable.

(3)

Reapplication.

Any person who had validly engaged in business in the county and who is not engaging in business in the county for one or more calendar years must reapply for business registration and/or business license, pursuant hereto.

(Ordinance 1992-03 adopted 4/14/92; Ordinance 2013-04, secs. 1–2, adopted 6/25/13; Ordinance 2016-04, sec. 10(B), adopted 5/31/16; ; Ordinance 2022-07 adopted 10/25/2022)

§ 110.09 Licensed activities.

(A)

Exhibitions and carnivals.

(1)

License required.

It shall be unlawful for any person to conduct or operate within the county any exhibitions or carnivals which are open to the public without first securing a license therefor; provided that this section shall not apply to those amusements or exhibitions which are specifically licensed in other sections of this chapter.

(2)

Definitions.

For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

Carnival.

Amusement activities, rides, merry-go-rounds, booths for the conduct of games of skill, food dispensing facilities and side shows. A carnival shall not include gambling devices, games of chance, lotteries, punch boards or such other activities.

Exhibitions.

Circuses, menageries, carnivals, side shows and other similar amusement enterprises which are open to the public and to which a fee for admission is charged.

(3)

Condition of license.

(a)

In addition to other requirements set forth herein, the applicant shall furnish suitable evidence of his or her intention and ability to comply with the following conditions: the operator and sponsor of the carnival or exhibition shall each be wholly responsible for maintaining order and for keeping the site clean, free of trash, papers and other debris; and trash containers in adequate number shall be placed in convenient locations for the use of the public and the contents shall be properly disposed.

(b)

No ride shall be placed in operation for public use until the applicant has certified that the same has been inspected for mechanical, structural, electrical and other hazards by a licensed electrical or mechanical engineer. The licensed engineer shall also set forth adequate safeguards which the applicant shall install to protect both operators and the general public from inadvertently coming into contact with moving parts, belts, motor gears, electrical switches and other possible or potential hazards.

(4)

Insurance.

No license shall be issued for conducting an exhibition or carnival until the applicant has placed on file with the county treasurer a certificate or certificates of insurance indicating that there is in effect public liability insurance covering any damages arising out of the use and operation of any and all devices and facilities operated in connection with a carnival or exhibition. The insurance shall be in the minimum amount of $1,000,000 for person and $3,000,000 for each accident.

(B)

Races; athletic exhibitions.

(1)

It shall be unlawful to conduct, operate or exhibit any race between persons, animals or vehicles, including dog races, boxing or wrestling matches or any other athletic contest or exhibition for admittance to which a fee is charged, without having first secured a license therefor; provided that the applicant shall furnish substantial evidence of this intention and ability to conduct the event to assure the health, safety and welfare of the residents of the county, and in particular, shall furnish proof of his or her ability to maintain traffic and crowd control and to maintain the site clean and free of trash, papers and other debris.

(2)

No license shall be required for baseball, soccer or football games or for any exhibition given under the auspices or for the benefit of any religious, educational, charitable, social or fraternal organization.

(C)

Auctioneers.

(1)

License required.

It shall be unlawful for any person to conduct an auction in the county or to be engaging in business as an auctioneer, whether the goods sold are owned by the auctioneer or not, without having first obtained a license as is herein provided.

(2)

Applications.

Applications for auctioneers’ licenses or for a single auction shall state thereon the place of business intended to be occupied, if any, or the place of the auction; and the application shall give the names of any employees, not to exceed two who are to be authorized to conduct auctions under the authority of the license.

(3)

Character of applicant.

No license shall be issued to any but a person of good character; the county sheriff may investigate the character of each applicant before the license is issued.

(4)

Employees.

Every person licensed as an auctioneer may designate not to exceed two employees who may be authorized by him or her to conduct auctions. The employer shall be liable for any violation of the county ordinances committed by an employee in conducting an auction.

(5)

Exemptions.

Nothing in this section shall be held to apply to any public auction or sale made or conducted by a public officer or person by virtue of any judicial order or process or by virtue of any power or authority contained in a mortgage or trust deed.

(D)

Flea markets.

(1)

Definitions.

For the purpose of this subsection, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

Flea market.

A market, indoors or outdoors, where new or used items are sold from individual locations, with each location being operated independently from the other locations. Items sold include, but are not limited to household items, antiques, rare items, decorations, used books and used magazines.

Flea market seller.

A person selling items or offering items for sale at a flea market.

Market.

A place where goods are sold to the public.

(2)

License required.

(a)

No person shall operate the business of a flea market or of renting space or allocating space to flea market sellers without first obtaining a license.

(b)

Applications for licenses shall be made to the county treasurer, on forms provided by the county treasurer. Only one license shall be required for each flea market and the individual flea market sellers shall not be required to obtain a license under this section.

(3)

Records to be kept by licensee.

Each person required by this chapter to obtain a license shall keep accurate records of the names and addresses of each flea market seller together with a brief description of the type or types of merchandise offered for sale by that seller.

(4)

Secondhand stores excepted.

No person having a license as a secondhand store shall be required to obtain a license under this chapter for the same business location.

(5)

More than one market.

Any person renting or allocating space to flea market sellers in more than one market or place of business shall be required to obtain a license for each place of business, provided that one license shall be adequate for locations that are on the same lot, adjacent lots or lots separated only by an alley.

(6)

Unlawful transactions.

No person shall sell or offer for sale at any flea market any goods known to the person to be stolen.

(7)

Purchases from children.

No flea market seller shall purchase any used household item, antique or used article whatsoever from any person under the age of 18 years unless the person is accompanied by the person’s parent or guardian.

(E)

Automobile salvage yards.

(1)

Definition.

For the purpose of this subsection, the following definition shall apply unless the context clearly indicates or requires a different meaning.

Automobile salvage yard.

Any lot or place which is exposed to the weather, upon which more than five motor vehicles of any kind, incapable of being operated on the roads of the county, are placed.

(2)

Fences required.

An automobile salvage yard shall be entirely enclosed by a fence eight feet in height, which shall be kept neatly painted and in good repair at all times and which shall be constructed of plank, board or coyote fence, so as to exclude the yard from public view. A period of 60 days from the date of the passage of this chapter is allowed the operators of the yards to construct the fence or fences required by this chapter.

(3)

Advertisements on fences.

The fence enclosing an automobile salvage yard shall not be used for bill postings or other advertising purposes, except that a space not larger than six feet by 12 feet may be used for the advertisement of the business of the owner thereof. Where the yard fronts on more than one street, the use of space for advertisement herein permitted shall extend to each street on which the yard abuts.

(4)

Contents not to extend above height of fences.

The contents of an automobile salvage yard shall not be placed or deposited to a height greater than the height of the fence surrounding it.

(5)

Time for demolishing and wrecking cars.

Work in connection with the demolishing or wrecking of cars is permitted only on weekdays between the hours of 7:00 a.m. and 6:00 p.m.

(6)

Open fire.

No open fire for the burning of rubbish, trash, automobiles or any parts thereof or other waste matters is permitted.

(7)

Rubbish and waste matter.

An automobile salvage yard shall, as far as practicable, be kept clear and clean of all rubbish or waste matter.

(8)

Gasoline to be drained from vehicles.

All tanks and engines shall be kept thoroughly drained of gasoline.

(9)

Police officers to have access for inspection.

All automobile salvage yards, together with the books required by this section shall be, at all times, open for inspection to all officers of the county having police power and the county land use administrator or his or her designee.

(10)

Time when purchases by operator permitted.

No purchaser operating or maintaining an automobile salvage yard shall purchase any vehicles or parts or accessories thereof, except between the hours of sunrise and 10:00 p.m.

(11)

Records.

Any person maintaining or operating an automobile salvage yard shall keep, at his or her place of business, a book in which a record shall be kept of the day and time of day of each purchase, the name, residence and description of the person selling and actually delivering the vehicle, parts or accessories purchased, the amount of the purchase price, the make, state license number, motor number, body number, style, seating capacity of the vehicle purchase; the make and identifying number of the radiator, speedometer and magnetos purchased, together with any other information concerning the property as may be necessary to prove ownership or identity of the vehicles or of the automobile parts or accessories purchased.

(12)

Buying, selling vehicles or parts from which identification marks have been removed; notice to sheriff.

(a)

No automobile salvage yard operator shall knowingly buy, sell, receive, dispose of, conceal or have, in his or her possession, any motor vehicle, part or accessory from which the manufacturer’s serial number or any other number or identification mark has been removed, defaced, covered, altered or destroyed for the purpose of concealing or misrepresenting the identity of the vehicle, part or accessory.

(b)

Every person to whom is offered for sale any motor vehicle, part or accessory from which has been removed, defaced, covered, altered or destroyed the manufacture’s serial number or any number or identification mark shall immediately notify the county sheriff.

(13)

Sales to minors.

No automobile salvage yard operator shall purchase any automobile or automobile part or any article whatsoever from any minor without the written consent of the minor’s parent or guardian.

(14)

License required.

No person shall maintain or operate an automobile salvage yard without first having obtained a license.

(15)

Fire extinguishers.

(a)

Each automobile salvage yard shall have on hand at least one fire extinguisher of any type recommended by the manufacturer to put out gasoline fires and fires in automobiles.

(b)

The fire extinguisher shall be in plain sight in an easily accessible location and shall be kept charged.

(c)

Each employee shall be informed of the location of the fire extinguisher and of the manufacturer’s instructions for using it.

(16)

Grace period.

All owners or operators of automobile salvage yards are hereby given a 120-day grace period to perform all construction and improvements, including the construction of fences as required by this chapter.

(F)

Kennels.

Kennel requirements are contained in chapter 95 of this code, as amended or replaced from time to time, and are incorporated herein by reference.

(G)

Commercial solid waste haulers.

(1)

No commercial solid waste hauler shall engage in business within the unincorporated county area without first obtaining a business license. Applications for licenses shall be made to the county treasurer, on forms provided by the treasurer.

(2)

Commercial solid waste haulers shall comply with all applicable federal, state, and local laws, including but not limited to the New Mexico Solid Waste Act, NMSA 1978, sections 74-9-1 through 74-9-43, the County Solid Waste and Recycling Management Act, Ordinance 2014-10 [sec. 50.01 et seq.], and the Residential Solid Waste and Recycling Collection and Reporting Ordinance.

(H)

Short-term rentals..

(1)

Findings.

The board of county commissioners finds and declares that the regulation of all STRs and licensing of non-owner-occupied of STRs is conducive to the promotion of the health and general welfare of the county because:

(a)

STRs can negatively impact neighboring properties due to noise, traffic, trash, and offsite parking associated with the STR.

(b)

STRs are businesses available to rent to the general public, many of whom reside outside of the county and may not be familiar with local law.

(c)

Excessive occupancy in STRs poses the risk of unduly straining scarce water resources and negatively impacting the environment by overburdening septic systems.

(d)

Because STRs often consist of residential housing used as commercial lodging made available to rent to the general public, the chance of noncompliance with the county fire code is increased as is the risk posed by such noncompliance to vendees.

(e)

Owner-occupied STRs carry a lower risk of regulatory noncompliance and negative externalities because the owner is generally onsite when the STR is rented and the owner can be presumed to have a vested interest in maintaining the quality of life of the community in which they live.

(f)

Public testimony at hearings on the proposed STR ordinance stated that housing in certain areas of the county have been turned into non-owner occupied STRs, thereby negatively impacting affordable housing and long-term rental opportunities within the county.

(g)

The board recognized the lack of affordable housing through adoption of Resolution 2022-066, which identified the need for an estimated 7,343 affordable rental units with in the Santa Fe Metropolitan Statistical Area in 2020, according to the New Mexico Mortgage Finance Authority.

(h)

A July 2020 report by the University of New Mexico Bureau of Business and Economic Research suggests that, when cost-burdened households and in-commuters are considered, the actual unmet need for affordable housing in the county is much higher and rapidly growing.

(i)

The imposition of a moratorium on the submission, acceptance, processing, and approval of applications for business licenses for non-owner occupied STRs in dwellings or on property acquired after the effective date of this section will avoid growth impact and temporarily stabilize local housing while the county investigates relevant issues related to non-owner occupied STRs, including, but not limited to the impact of STRs on housing supply, areas where STRs conflict with primary residential uses established in traditional and historic communities, noncompliance and enforcement issues, and staff time necessary to administer applications, and develop any appropriate regulations related thereto.

(j)

To prevent immediate danger to the public health, peace, safety, and welfare of the county, the board determines that it is necessary to extend the deadlines for registering and licensing STRs to June 1, 2023. Additional time is needed for the orderly submission and processing of STR applications and to address instances where existing STRs do not comply with one or both requirements that STRs are only allowed:

On property that is a legal lot of record; and

Within a dwelling legally recognized under the SLDC.

(k)

The board recently received a third-party consultant's report on impacts related to short-term rentals in the county. Additional time is needed to study the results of the report and appropriately consider the potential impacts identified in subsection (i) above, as well as determine whether the moratorium should be discontinued or further extended or whether further or different regulations on non-owner occupied short-term rentals are necessary. Accordingly, the board determines that it is necessary to extend the moratorium on non-owner occupied short-term rentals to February 26, 2024.

(l)

On November 30, 2023, the board held a work session to discuss potential revisions to this section and recommended limitations on numbers of STRs that can be licensed, registered, or owned, in whole or in part, as well as limits on the number of non-owner occupied STRs that can be operated in certain areas of the county, and recommended that the moratorium not be extended past February 26, 2024. In keeping with the county's goal of preserving historic and traditional character while maintaining livability, the county desires to minimize the negative impacts of short-term rentals on the county's neighborhoods, housing supply, economy, and environment.

(2)

Purpose and intent.

The purpose of this section is to establish regulations, registration and licensing standards, and registration and licensing procedures for STRs to:

(a)

Ensure the safety and welfare of vendees to whom STRs are rented;

(b)

Protect the peace and enjoyment of surrounding communities and neighborhoods;

(c)

Protect water resources and the environment; and

(d)

Otherwise promote the health and general welfare of the county.

(3)

Definitions.

For the purposes of this section (capitalized and bolded terms not defined herein shall have the same meaning as in the SLDC):

Accessory dwelling unit (ADU).

A dwelling unit that is located on the same legal lot of record as, but incidental to, the owner's primary residence. The ADU may share at least one wall with the primary residence or be a stand-alone structure (detached) from the primary residence.

Daytime occupancy limit.

The maximum number of people who can gather at the STR during the day, including people not staying overnight.

Non-owner occupied.

A Dwelling that is not owner-occupied.

Occupancy limit.

The maximum number of people allowed to stay overnight at the STR, not including children aged five (5) and under.

Owner-occupied.

Is a dwelling that is the owner's primary residence or an ADU that is located on the same legal lot of record as the owner's primary residence.

Owner.

The person who is the record title owner of the property for which an STR registration or STR license is sought or held.

Primary residence.

The Dwelling in which the owner resides for a cumulative minimum 275 days during a 12-month period. Primary residence is demonstrated by showing that, as of the application date for registration of the Dwelling as a short-term rental, the owner has resided in the Dwelling for 275 days during the past 12 months, or that the owner intends to reside in the Dwelling for 275 days of the next 12 months.

Quiet hours.

Designated hours during which noise from a STR is more highly regulated.

Short-term rental or STR.

A Dwelling or portion thereof that is rented for periods of less than thirty (30) consecutive days.

SLDC.

The Santa Fe County Sustainable Land Development Code, Ordinance No. 2016-9, as amended.

Time share.

A right to occupy a unit or any of several units during five or more separated time periods over a period of at least five years, including renewal options, whether or not coupled with a freehold estate or an estate for years in a timeshare project or a specified portion thereof. A "time share project" means any real property that is subject to a time share program. A "time share program" means any arrangement for time shares whereby real property has been made subject to a time share. An owner of a time share program or project shall obtain one business registration for such program or project. A person or business who has purchased a time share within a time share program or project will be required to obtain a license or registration under this section, whichever is applicable, prior to renting the time share as a STR.

Vendee.

A natural person to whom a STR is rented.

Vendor.

The proprietor of any Dwelling, lodging, or sleeping accommodation offered or used as a STR, whether in the capacity of owner, lessee, sublessee, mortgagee in possession, licensee, or any other possessory capacity.

(4)

Permissible locations.

(a)

STRs are permitted in all zoning districts within the county where residential uses are allowed as a primary use under the SLDC.

(b)

STRs are only allowed:

On property that is a Legal Lot of Record; and

Within a dwelling legally recognized under the SLDC.

(5)

Owner-occupied short-term rentals.

(a)

Registration required; term.

Beginning on June 1, 2023, no person may operate an owner-occupied STR without a business registration issued and renewed pursuant to section 110.03(1) and section 110.05.

Only one owner-occupied STR business registration shall be approved per owner.

(b)

Registration contents, display, and notice.

The business registration for an owner-occupied STR shall specify the name of the owner, address of the STR, the business registration number, and the expiration date.

The business registration shall be displayed in a prominent and visible location within the STR, along with the following information on a form prepared by the land use administrator:

The occupancy limit and the daytime occupancy limit;

A notice of the maximum number of vehicles to be parked at the STR;

A summary of the regulations contained in this section;

The name and contact information of the owner or owner's agent who can be reached 24/7 to meet emergencies;

The physical address of the STR;

Solid waste storage and disposal requirements; and

Quiet hours applicable to the STR.

The information listed in subsections a through g shall be provided to vendees at least 48 hours prior to the beginning of the rental period.

All listings and advertisements for an owner-occupied STR shall include the business registration number for the STR and its expiration date.

The owner of a STR receiving a business registration shall provide notice by first class mail to the owners of all adjacent properties. The notice shall be mailed no later than fifteen (15) days after approval of the business registration and the applicant shall provide an affidavit of mailing. The notice shall be on a form provided by the land use administrator and, at a minimum, shall include contact information for the owner or person responsible for managing the STR who can be contacted 24/7 to report violations of the regulations contained in this section or other county ordinance, a summary of STR regulations, information on how to report a violation to the owner or person responsible for managing the STR and the county, and a copy of the business registration.

(c)

Procedure.

The application and submittal requirements for a business registration for an owner-occupied STR shall be developed by the land use administrator and shall include, at a minimum, the following:

An affidavit or other proof that the STR is owner-occupied.

Failure to submit a complete application, including the applicable fee and all required submittals, constitutes good cause for denial of the application.

The land use administrator shall review the application for completeness. If an application is deemed incomplete, the land use administrator shall inform the applicant in writing and provide the applicant with a reasonable amount of time to submit a complete application before the application is denied and a new fee is required.

As it relates to business registrations for owner-occupied STRs, the land use administrator rather than the county treasurer shall have the authority provided in section 110.03, section 110.05, and section 110.07 of the business registration and licensing chapter, provided that the county treasurer may, based upon the land use administrator's decision, physically issue a business registration for a STR.

(6)

Non-owner occupied short-term rentals.

(a)

License required; term.

Beginning on June 1, 2023, no person may operate a non-owner occupied STR without a business license.

Each dwelling used as a non-owner occupied STR shall require a separate business license.

Business licenses for STRs shall be good for one year after issuance unless earlier revoked in accordance with this chapter.

The owner of the non-owner occupied STR shall be the record title owner of the property or dwelling; provided, however, that, for a period from November 25, 2022, to February 26, 2024, no application for business license for a non-owner occupied STR shall be submitted, accepted, processed, or approved for a dwelling or property acquired by the owner after November 25, 2022. This temporary moratorium on newly acquired property being developed as an STR is necessary to allow time for the board to study and analyze relevant issues related to non-owner occupied STRs, including, but not limited to the impact of STRs on affordable housing supply, areas where STRs conflict with primary residential uses established in traditional and historic communities, and noncompliance and enforcement issues, and develop any appropriate regulations related thereto.

Non-owner occupied STRs shall be limited in number as follows:

In the following Census Designated Places (CDPs), the number of non-owner occupied STRs shall be limited to 3% of total housing stock:

(i)

Agua Fria CDP, Arroyo Hondo CDP, Canada de los Alamos CDP, Canoncito CDP, Conejo CDP, Eldorado at Santa Fe CDP, Galisteo CDP, Glorieta CDP, La Cienega CDP, La Cueva CDP, La Tierra CDP, Lamy CDP, Las Campanas CDP, Los Cerrillos CDP, Madrid CDP, Santa Fe Foothills CDP, Sunlit Hills CDP, and Tres Arroyos CDP.

In the following CDPs, the number of non-owner occupied STRs shall be limited to 7% of total housing stock:

(i)

Chimayo CDP, Chupadero CDP (excluding Rancho Encantado condominium area), Cuyamungue CDP, El Rancho CDP, El Valle de Arroyo Seco CDP, Encantado CDP, Hyde Park CDP, Jacona CDP, Jaconita CDP, Nambe CDP, Pojoaque CDP, Rio en Medio CDP, San Ildefonso Pueblo CDP, Seton Village CDP, Tano Road CDP, Tesuque CDP (excluding Bishop's Lodge condominium area), and Valencia CDP.

Non-owner occupied STRs licensed prior to the effective date of this section may obtain a renewal, notwithstanding the limitations in subsections a., b. and (H)(7)(l), so long as there is no change in ownership.

(i)

As used in this section, "total housing stock" means the number of dwelling units within the CDP or community planning area with addresses assigned by the county pursuant to the county's rural addressing system established by Ordinance No. 1990-05, as amended.

(ii)

On or before January 31 of each year, the growth management department director shall calculate the total housing stock as of January 1 of that year and the number of non-owner occupied STRs allowed in accordance with this section. The number of allowable non-owner occupied STRs shall be posted on the county's website and shall be valid until updated in accordance with this section the following January.

(iii)

The growth management department will process applications in the order of receipt and will issue new permits in the order that complete applications are received. If the number of permits reaches the above limitations in subsection (H)(6)(a)5, then the growth management department will stop processing applications and will add applicants to a waiting list until a permit becomes available. If an applicant waits on the list for a year or longer, the growth management director may require the applicant to indicate a continued interest in remaining on the list and remove those applicants that do not express interest in remaining on the list.

(b)

License, contents, display and notice.

The business license for a STR shall specify the name of the owner, address of the STR, the occupancy limit, the daytime occupancy limit, the business license number, and the expiration date.

The business license shall be displayed in a prominent and visible location within the STR, along with the following information on a form prepared by the land use administrator:

A notice of the maximum number of vehicles to be parked at the STR;

A summary of the regulations contained in this section;

The name and contact information of the owner or owner's agent who can be reached 24/7 to meet emergencies;

The physical address of the STR;

Solid waste storage and disposal requirements; and

Quiet hours applicable to the STR.

The information listed in subsections a. through f. shall be provided to vendees at least 48 hours prior to the beginning of the rental period.

The owner of a STR receiving a business license shall provide notice by first class mail to the owners of all adjacent properties. The notice shall be mailed no later than 15 days after approval of the business license and the applicant shall provide an affidavit of mailing. The notice shall be on a form provided by the land use administrator and, at a minimum, shall include contact information for the owner or person responsible for managing the STR who can be contacted 24/7 to report violations of the regulations contained in this section or other county ordinance, a summary of STR regulations, information on how to report a violation to the owner or person responsible for managing the STR and the county, and a copy of the business license.

All listings and advertisements for a non-owner-occupied STR shall include the business license number for the STR and its expiration date.

(c)

Procedure.

The application and submittal requirements for a business license for a non-owner-occupied STR shall be developed by the land use administrator and shall include, at a minimum, the following:

A description of how the STR was used prior to being converted to an STR (e.g., owner-occupied housing, long-term rental, second home) and how it is utilized when not available for short-term rental; and

(Reserved)

If the property on which the STR is located is subject to county imposed water restrictions and water use is required to be metered, the applicant for a business license for a non-owner-occupied STR must submit current water meter readings upon initial application and for each renewal.

If the water usage is in excess of applicable county imposed water restrictions, the application must include a water conservation plan to reduce water usage so as to comply with such applicable restrictions going forward.

Failure to comply with applicable county imposed water restrictions is grounds to deny the renewal of a business license for a non-owner occupied STR.

Failure to submit a complete application, including the applicable fee and all required submittals, constitutes good cause for denial of the application.

As it relates to business licenses for STRs, the land use administrator rather than the county treasurer shall have the authority provided in section 110.03, section 110.05, and section 110.07 of the business registration and licensing chapter, provided that the county treasurer may, based upon the land use administrator's decision, physically issue a business license for a STR.

Renewal of a business license for a STR is not automatic and shall require the submission of a complete application.

(7)

Regulation/requirements for all STRs.

(a)

STRs shall comply with all applicable requirements in other county ordinances, including, but not limited to, the SLDC, the county fire code (Ordinance No. 2023-06); the anti-litter regulations (Ordinance No. 1993-11); the county noise control and public nuisance regulations (Ordinance No. 2009-11), and the junked and hazardous vehicle regulations (Ordinance No. 1993-06).

(b)

Any STR shall be responsible to pay all applicable taxes.

(c)

Occupancy:

The occupancy limit for a STR shall be two (2) people per approved bedroom, up to a total of ten (10) people. Existing licenses and registrations issued by the effective date of this section that exceed the 10-person maximum occupancy may continue while the STR remains in the ownership of the owner as identified in the initial STR application. Any change of ownership of STR shall meet the maximum occupancy limit as stated in this subsection.

The daytime occupancy limit for a STR shall be the occupancy limit plus the greater of 100% of the occupancy limit or ten (10).

Children aged five (5) and under shall not count against the occupancy limit or daytime occupancy limit.

Nothing herein shall preclude an owner from establishing more stringent occupancy limits or daytime occupancy limits.

(d)

Parking:

All parking for a STR shall be located onsite or in a designated off street space for the dwelling.

Vendees and their guests may not bring more cars to the STR than the number of onsite parking spaces.

(e)

Water: A STR must comply with all county water restrictions (if any) applicable to the property on which the STR is located, the applicability of which may depend upon the source of water for the property (e.g., domestic wells versus adjudicated water rights).

(f)

Fire protection: All STRs shall comply with the county fire code (Ordinance No. 2023-06) as required by the fire marshal. To assist owners with compliance and streamline the processing of applications, the fire marshal shall establish for submittal with the STR business license application a fire code compliance certification form in which the owner shall certify, under penalty of perjury, compliance with fire code requirements of most significance to STRs. The STR is subject to fire department inspection.

(g)

Solid waste:

Each STR shall comply with the applicable sections of the solid waste and recycling management regulations (Ordinance No. 2014-10) concerning the storage and disposal of solid waste, as well as the development permit or other approval applicable to the property. At a minimum all STRs shall store all solid waste within a structure or in enclosed containers and shall remove all solid waste on a regular basis, at least monthly.

(h)

Address and signage:

Each STR shall clearly display the assigned rural address.

Any signage shall comply with residential signage restrictions of the SLDC.

(i)

Noise and quiet hours:

Vendees and their guests shall observe quiet hours between 10:00 p.m. and 7:00 a.m. each day; provided, however, that nothing herein shall preclude an owner from establishing quiet hours that begin earlier and/or end later.

During quiet hours, it shall be unlawful for vendees or their guests to create any unreasonably loud, disturbing or unnecessary noise, or noise of such character, intensity or duration as to be detrimental to the repose, life or health of others. This includes, but is not limited to, the playing or performing of music, watching of television, or talking in such manner or with such volume as to disturb the quiet, comfort or repose of persons or animals.

(j)

Other commercial activities require separate authorization.

(k)

The granting of a business license or business registration for a STR does not authorize the owner or anyone else to engage in other business or licensed activity at the STR.

(l)

No person or entity, whether directly or indirectly, in whole or in part, may have an ownership interest or revenue-sharing interest in more than two (2) STR licenses within the county.

(8)

Temporary registrations and licenses.

(a)

Upon the request of a STR applicant, the land use administrator shall issue a temporary business registration or license to an applicant who was operating a STR prior to June 1, 2023, on property that is not a legal lot of record or within a dwelling that is not legally recognized under the SLDC, provided that the applicant has made the application(s) necessary to remedy the noncompliance prior to June 1, 2023.

(b)

A temporary business registration or business license will expire upon completion of the application process at the administrative level, when all appeals to county decision-making bodies have been exhausted.

(Ordinance 1992-03 adopted 4/14/92; Ordinance 2010-06, sec. 11, adopted 6/8/10 Penalty, see section 110.99; Ordinance 2016-04, sec. 10(C), adopted 5/31/16; Ordinance 2022-07 adopted 10/25/2022; Ordinance 2023-08 adopted 11/17/2023; Ordinance 2024-01 adopted 1/9/2024)